Payne vs. DRG Texas LP, (5th Cir. 2002)

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* Pursuant to 5 TH C IR . R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 02-41072 Summary Calendar TAMMY PAYNE, Plaintiff - Appellant, VERSUS DRG TEXAS LP, also known as Dynamic Resource Group, doing business as Annie's Attic, Defendant - Appellee.

Appeal from the United States District Court For the Eastern District of Texas, Tyler (6:01-CV-375) December 4, 2002 Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges, PER CURIAM: * Plaintiff, Tammy Payne, brought suit in the Federal District Court against her former employer, DRG TEXAS LP, (defendant) p ursuant to Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act of 1978, and the Family and Medical Leave Act of 1993. Plaintiff alleges that she was fired on November 17, 2000, because she was pregnant and because she requested maternity leave. Defendant answered that plaintiff was t erminated because of a reduction in force for economic reaso ns, and filed a motion for summary judgment which the district court granted. Plaintiff appealed to this court.

We have carefully reviewed the brief s, the record excerpts, and relevant portions of the record itself. For the reasons stated by the district court in its memorandum opinion and Order entered July 17, 2002, we affirm the final judgment entered on July 18, 2002, that plaintiff take nothing by her suit against defendant.

AFFIRM.

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